Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Stridhan, inherited property or gifts received by a woman from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance...........
Stridhan property -- Return of Stridhan property given by father to deceased daughter at the time of her marriage - Murder of wife by husband - Conviction of husband u/s 302 IPC - It is S.6(3) Dowry Prohibition Act which applies - Husband is not entitled to retain dowry even if he was acquitted and dowry articles will remain with father of deceased - Order to release..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4), 201 -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Entrustment of stridhan property at place `J' - No averment that it was to be returned at place `J' - No averment in legal notice sent that stridhan articles were to be returned at place `J'..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Misappropriate of Stridhan property - Continuing offence - So long as stridhan property remains in the hands of accused persons, offence of criminal breach of trust continues to take place and fresh period of limitation shall begin to run...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Property given to a Hindu woman at the time of her marriage is her `Stridhan property' - Title of it always remains with wife though possession may be with husband or other members of family - If husband or other members of his family commits an offence of breach of trust with regard to such stridhan they..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 181(4) -- Criminal breach of trust - Misappropriate of Stridhan property - Territorial jurisdiction - Issue as to territorial jurisdiction has to be decided on bare perusal of complaint and material annexed therewith...........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Misappropriate of Stridhan property - Commission of offence - It is a question of fact and no finding can be given by invoking inherent jurisdiction of Court...........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), Hindu Marriage Act, 1955, S.27 - Application for return of stridhan - Valuation of suit for the purposes of pecuniary jurisdiction - Valuation of suit for return of stridhan has no bearing on jurisdiction - It would be different if the plaintiff is required to mention the values of property which is sought to be..........
Hindu Law -- Ancestral property or self acquired property - Plaintiff contended that suit property was purchased by her from funds given by her father under registered sale - However, there is specific defence of defendant that though property was purchased in the name of plaintiff but it was purchased from joint family income and it is given to defendant in partition -..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Non return of ornaments by wife given to her at the time of Vidai - Held, the properties gifted to wife before the marriage, at the time of marriage or at the time of giving farewell or thereafter are exclusively her stridhana properties with all rights to use at her own pleasure - Husband has no control..........
